[Federal Register Volume 83, Number 135 (Friday, July 13, 2018)]
[Notices]
[Pages 32711-32713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14162]


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DEPARTMENT OF TRANSPORTATION


Notice of Final Federal Agency Actions on Proposed Highway 
Projects in Texas

AGENCY: Texas Department of Transportation (TxDOT), Federal Highway 
Administration (FHWA), U.S. Department of Transportation.

ACTION: Notice of limitation on claims for judicial review of actions 
by TxDOT and Federal agencies.

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SUMMARY: This notice announces actions taken by TxDOT and Federal 
agencies that are final. The environmental review, consultation, and 
other actions required by applicable Federal environmental laws for 
these projects are being, or have been, carried-out by TxDOT and a 
Memorandum of Understanding dated December 16, 2014, and executed by 
FHWA and TxDOT. The actions relate to various proposed highway projects 
in the State of Texas. Those actions grant licenses, permits, and 
approvals for the projects.

DATES: By this notice, TxDOT is advising the public of final agency 
actions subject to 23 U.S.C. 139(l)(1). A claim seeking judicial review 
of TxDOT and Federal agency actions on the highway project will be 
barred unless the claim is filed on or before December 10, 2018. If the 
Federal law that authorizes judicial review of a claim provides a time 
period of less than 150 days for filing such a claim, then that shorter 
time period still applies.

FOR FURTHER INFORMATION CONTACT: Carlos Swonke, Environmental Affairs 
Division, Texas Department of Transportation, 125 East 11th Street, 
Austin, Texas 78701; telephone: (512) 416-2734; email: 
[email protected]. TxDOT's normal business hours are 8:00 a.m.-
5:00 p.m. (central time), Monday through Friday.

SUPPLEMENTARY INFORMATION: Notice is hereby given that TxDOT and 
Federal agencies have taken final agency actions by issuing licenses, 
permits, and approvals for the highway projects in the State of Texas 
that are listed below.
    The actions by TxDOT and Federal agencies and the laws under which 
such actions were taken are described in the Categorical Exclusion (CE) 
or Environmental Assessment (EA) issued in connection with the projects 
and in other key project documents. The CE or EA, and other key 
documents for the listed projects are available by contacting TxDOT at 
the address provided above.
    This notice applies to all TxDOT and Federal agency decisions as of 
the issuance date of this notice and all laws under which such actions 
were taken, including but not limited to:
    1. General: National Environmental Policy Act (NEPA) [42 U.S.C. 
4321-4351]; Federal-Aid Highway Act [23 U.S.C. 109].
    2. Air: Clean Air Act, 42 U.S.C. 7401-7671(q).
    3. Land: Section 4(f) of the Department of Transportation Act of 
1966 [49 U.S.C. 303]; Landscaping and Scenic Enhancement (Wildflowers), 
23 U.S.C. 319.
    4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544 and 
Section 1536], Marine Mammal Protection Act [16 U.S.C. 1361], Fish and 
Wildlife Coordination Act [16 U.S.C. 661-667(d)], Migratory Bird Treaty 
Act [16 U.S.C. 703-712].
    5. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, as amended [54 U.S.C. 300101 et 
seq.]; Archeological Resources Protection Act of 1977 [16 U.S.C. 
470(aa)-11]; Archeological and Historic Preservation Act [54 U.S.C. 
312501 et seq.]; Native American Grave Protection and Repatriation Act 
(NAGPRA) [25 U.S.C. 3001-3013].
    6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 
2000(d)-2000(d)(1)]; American Indian Religious Freedom Act [42 U.S.C. 
1996]; Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201-4209].

[[Page 32712]]

    7. Wetlands and Water Resources: Clean Water Act, 33 U.S.C. 1251-
1377 (Section 404, Section 401, Section 319); Land and Water 
Conservation Fund (LWCF), 16 U.S.C. 4601-4604; Safe Drinking Water Act 
(SDWA), 42 U.S.C. 300(f)-300(j)(6); Rivers and Harbors Act of 1899, 33 
U.S.C. 401-406; Wild and Scenic Rivers Act, 16 U.S.C. 1271-1287; 
Emergency Wetlands Resources Act, 16 U.S.C. 3921, 3931; TEA-21 Wetlands 
Mitigation, 23 U.S.C. 103(b)(6)(m), 133(b)(11); Flood Disaster 
Protection Act, 42 U.S.C. 4001-4128.
    8. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 
Floodplain Management; E.O. 12898, Federal Actions to Address 
Environmental Justice in Minority Populations and Low Income 
Populations; E.O. 11593 Protection and Enhancement of Cultural 
Resources; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve America; 
E.O. 13175 Consultation and Coordination with Indian Tribal 
Governments; E.O. 11514 Protection and Enhancement of Environmental 
Quality; E.O. 13112 Invasive Species. (Catalog of Federal Domestic 
Assistance Program Number 20.205, Highway Planning and Construction.)
    The projects subject to this notice are:
    1. I-610 West Loop Dedicated Bus Lane from I-10 (Northwest Transit 
Center) to Post Oak Boulevard, Harris County. The project will consist 
of a two-lane structure over the southbound frontage road of I-610, 
ultimately crossing to the center of I-610. The total project length is 
approximately 1.5 miles with typical 12-foot lanes and 4-foot 
shoulders. The project will not require any additional right of way or 
displacements. The purpose of the project is to remove bus traffic from 
the I-610 West Loop and allow buses to move more efficiently and 
predictably between the Northwest Transit Center and the planned 
Bellaire/Uptown Transit Center. The actions by TxDOT and Federal 
agencies and the laws under which such actions were taken are described 
in the Categorical Exclusion (CE) Determination approved on October 12, 
2017, and other documents in the TxDOT project file. The CE 
Determination and other documents in the TxDOT project file are 
available by contacting TxDOT at the address provided above or the 
TxDOT Houston District Office at 7600 Washington Avenue, Houston, 
Texas, 77007, (713) 802-5000.
    2. Airport Boulevard, from Hiram Clarke Road to FM 521 (Almeda 
Road), Harris County. This project will construct a roadway facility 
approximately 2.5 miles in length which will connect existing 
fragmented segments of Airport Boulevard through undeveloped/new 
location areas to complete a four-lane divided boulevard between Hiram 
Clarke Road and FM 521. A four-lane divided roadway with a raised 
center median will be constructed to match the first existing boulevard 
section of Airport Boulevard from Hiram Clarke Road to Harris County 
Flood Control District (HCFCD) Channel No. C146-00-00. Airport 
Boulevard will be constructed on new location from HCFCD Channel No. 
C146-00-00 through to the intersection with Buffalo Speedway and then 
to the intersection with Townwood Drive. The second existing segment of 
Airport Boulevard will be widened from a two-lane roadway to a four-
lane boulevard from Townwood Drive to the Waterloo Drive intersection. 
East of the Waterloo Drive intersection, Airport Boulevard will 
traverse the following residential streets in a northwest-southeast 
direction: Woodkerr Street, Lightstar Drive and Ambrose Street. East of 
Ambrose Street, Airport Boulevard sill continue to the southeast, on 
new location, crossing HCFCD Channel No. C161-00-00 and a wooded 
undeveloped area, curve to the northeast through a grassy area between 
two existing ponds, and extend through to the intersection with Clover 
Lane. From Clover Lane, Airport Boulevard will curve eastward and 
continue through an undeveloped wooded area and end at FM 521 (eastern 
project terminus). There are also two detention areas proposed for this 
project. The purpose of the Airport Boulevard roadway improvement 
project is to connect the existing fragmented sections of Airport 
Boulevard through undeveloped/new location areas to complete a four-
lane divided boulevard between Hiram Clarke Road and FM 521. The 
proposed Airport Boulevard project will offer the traveling public a 
west-east alternative to the limited existing west-east travel 
corridors in southwest Houston. The area of southwest Houston between 
US 90A, Beltway 8 and SH 288 lacks roadway connectivity; the proposed 
Airport Boulevard will improve traffic movement and safety in this area 
of southwest Houston.
    The actions by TxDOT and Federal agencies and the laws under which 
such actions were taken are described in the Final Environmental 
Assessment (EA) approved on July 11, 2017, the Finding of No 
Significant Impact (FONSI) issued on July 11, 2017, and other documents 
in the TxDOT project file. The EA, FONSI, and other documents in the 
TxDOT project file are available by contacting TxDOT at the address 
provided above or the TxDOT Houston District Office at 7600 Washington 
Avenue, Houston, Texas, 77007, (713) 802-5000.
    3. FM 521, from Beltway 8 to FM 2234 (McHard Road), Fort Bend and 
Harris Counties. The project widens FM 521 to a typical four-lane 
divided curb and gutter section with a 16-foot raised median from Riley 
Road to FM 2234 and ties to the existing seven-lane section north of 
Riley Road, a distance of roughly 0.9 mile. Improvements to the 
intersection at FM 521 and FM 2234 provide for a ``jug-handle'' option 
that creates two offset ``T'' intersections (one along FM 521 and one 
along FM 2234). This eliminates both at-grade railroad crossings with 
railroad overpasses on FM 521 and FM 2234 and eliminates the four-
legged intersection at FM 521 and FM 2234. The distance of the 
improvements on FM 2234, including the grade separation, extend 
approximately 0.8 mile. Improvements also include a mix of 15-foot 
outside lanes, six-foot shoulders, and five to six-foot sidewalks to 
accommodate bicyclists and pedestrians. The purpose of the project is 
to expand capacity to enhance mobility, improve safety, improve 
railroad/local traffic crossings, and accommodate population and 
economic growth, while minimizing impacts to the natural and social 
environment.
    The actions by TxDOT and Federal agencies and the laws under which 
such actions were taken are described in the Final Environmental 
Assessment (EA) approved on March 22, 2017, the Finding of No 
Significant Impact (FONSI) issued on March 22, 2017, and other 
documents in the TxDOT project file. The EA, FONSI, and other documents 
in the TxDOT project file are available by contacting TxDOT at the 
address provided above or the TxDOT Houston District Office at 7600 
Washington Avenue, Houston, Texas, 77007, (713) 802-5000.
    4. FM 1960, from BF 1960-A to Atascocita Shores Drive, Harris 
County. Although the eastern logical terminus of the project is 
Atascocita Shores Drive, the project extends approximately 0.10 mile 
further and ties into the western end of the Lake Houston Bridge. The 
improved roadway from BF 1960-A to Atascocita Road and from Pinehurst 
Trail to Lake Houston will consist of six travel lanes (two 12-foot 
lanes, and one 15-foot shared lane in each direction) with one-foot 
curb offsets. An 18-foot raised median and two 5-foot sidewalks are 
also included. The improved roadway from Woodland Hills Drive to 
Atascocita Road will consist of a grade

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separation with a total of ten lanes (four through lanes on the grade 
separation and six local access lanes). Eastbound local access lanes 
will consist of one 15-foot shared lane, and two 12-foot through lanes 
with one-foot curb offsets. Westbound local access lanes will consist 
of one 15-foot shared lane, and two 12-foot through lanes, with one-
foot curb offsets. The grade-separated through lanes will consist of 
four 12-foot lanes (two in each direction) and four-foot curb offsets. 
A six-foot raised median will separate the through lanes on the grade 
separation. The grade separation will span Atascocita Road, West Lake 
Houston Parkway, and Farmington Road. Two five-foot sidewalks will be 
constructed outside the local access lanes on the eastbound and 
westbound side. The project length is approximately 6.4 miles. The 
purpose of the project is to alleviate traffic congestion, accommodate 
future traffic associated with the growth of Harris County, Atascocita, 
and the City of Humble, and improve mobility and safety. The actions by 
TxDOT and Federal agencies and the laws under which such actions were 
taken are described in the Final Environmental Assessment (EA) approved 
on September 29, 2017, the Finding of No Significant Impact (FONSI) 
issued on September 29, 2017, and other documents in the TxDOT project 
file. The EA, FONSI, and other documents in the TxDOT project file are 
available by contacting TxDOT at the address provided above or the 
TxDOT Houston District Office at 7600 Washington Avenue, Houston, 
Texas, 77007, (713) 802-5000.
    5. FM 2100, from FM 1960 to South Diamondhead Boulevard, Harris 
County. The project will widen the existing two-lane, undivided 
facility to a four-lane, divided facility. North of Hare Cook Road, the 
improved roadway will have 12-foot travel lanes, two in each direction, 
separated by an 18-foot-wide median, and 12-foot outside shoulders. 
Five-foot sidewalks will be constructed on both sides of the roadway. 
South of Hare Cook Road, the roadway will also have two travel lanes in 
each direction; the outer lane will be a 15-foot shared use lane, along 
with a 12-foot-wide inner lane. This section of the roadway will also 
have a raised median and five-foot sidewalks.
    Detention ponds will also be constructed as part of the project. 
The project is approximately eight miles long. The purpose of the 
project is to facilitate multi-modal mobility in eastern Harris County 
by adding additional capacity to FM 2100, as well as sidewalks and 
bicycle accommodations. The proposed project will also improve safety 
for the travelling public by constructing a raised median.
    The actions by TxDOT and Federal agencies and the laws under which 
such actions were taken are described in the Final Environmental 
Assessment (EA) approved on January 20, 2017, the Finding of No 
Significant Impact (FONSI) issued on January 20, 2017, and other 
documents in the TxDOT project file. The EA, FONSI, and other documents 
in the TxDOT project file are available by contacting TxDOT at the 
address provided above or the TxDOT Houston District Office at 7600 
Washington Avenue, Houston, Texas, 77007, (713) 802-5000.

    Authority: 23 U.S.C. 139(l)(1).

    Issued on: June 26, 2018.
Michael T. Leary,
Director, Planning and Program Development, Federal Highway 
Administration.
[FR Doc. 2018-14162 Filed 7-12-18; 8:45 am]
BILLING CODE 4910-22-P


